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Approved Decision Notice - OPW26 0082 [As Published]
Officer: Stacey Clohesy
Direct Telephone: 07 53296112
Our Reference: OPW26/0082
Your Reference: .
24 September 2026
EH Lourens & M Lourens
C/- Brennan Planning Pty Ltd
44 Maple St
COOROY QLD 4563
[email protected]
Dear Sir/Madam,
Decision Notice
Planning Act 2016
I refer to your application and advise that on 24 September 2026, Council decided to approve the
application, subject to conditions.
Details of the decision are as follows:
1. APPLICATION DETAILS
Application No: OPW26/0082
Street address: 400 Mckinnon Dr Cooroibah Qld 4565
Real property description: Lot 4 RP 136445
Planning Scheme: Noosa Plan 2020 (20 March 2026)
2. DECISION DETAILS
Council decided to issue the following type of approval:
• Development Permit for Operational Works - Clearing Vegetation under planning scheme
3. CURRENCY PERIOD OF APPROVAL
The currency period for this development approval is stated in the conditions below.
ABN 97.969.214.121 PO Box 141
noosa.qld.gov.au Tewantin QLD 4565
[email protected] 07 5329 6500
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4. ASSESSMENT MANAGER CONDITIONS
APPROVED PLANS
Plans and Documents
1. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table unless
otherwise amended by these conditions.
Plan No. Rev. Plan/Document Name Date
TRP062026 00 Tree Survey & Retention Plan [Cover page], 1 June 2026
prepared by Equilibrium Ecology
TRP062026 00 Tree Survey & Retention Plan [Page 1], 1 June 2026
prepared by Equilibrium Ecology
TRP062026 00 Tree Survey & Retention Plan [Page 2], 1 June 2026
prepared by Equilibrium Ecology
2. Development undertaken in accordance with this approval must generally comply with the
approved plans of development. The approved plans are listed in the following table unless
otherwise amended by these conditions.
CURRENCY PERIOD
3. The Currency Period for this development approval lapses if the development has not
substantially started by 25 September 2028, unless an application to extend the currency
period is approved by Council.
PRIOR TO THE COMMENCMENT OF WORKS
4. Prior to requesting a prestart meeting:
a. Tree protection fencing must be installed under the supervision of the qualified person*.
(Refer to Retention of Existing Trees conditions).
b. Pre-clearance surveys and habitat assessment required by this Decision Notice must
be undertaken (Refer to Fauna Management conditions).
5. A prestart meeting must be organised with Council’s delegate by calling 5329 6500 (giving
at least five business days’ notice). The prestart meeting must be attended by the responsible
persons for:
a. Arboreal (tree) works
b. Fauna management works
DURING CONSTRUCTION
General
6. All works must be constructed and work procedure undertaken in accordance with:
a. The approved plans/documents and conditions detailed in this Decision Notice.
b. The relevant conditions of the higher order Reconfiguration of Lot approval viz.
RAL26/0016 to which this approval relates, except where in accordance with this
Decision Notice.
c. All relevant Council Planning Scheme Policies, standard drawings, standard
specifications and guidelines.
d. The latest version of Water Sensitive Urban Design Technical Design Guidelines for
South East Queensland (Healthy Waterways) for all water quality devices to be
constructed on site.
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VEGETATION PROTECTION
Retention of Existing Trees and Vegetation
7. All trees and vegetation identified for retention must be protected in accordance with
AS 4970, Protection of trees on development sites.
8. A qualified person (*) must be engaged for the duration of the works to:
a. Oversee installation of all tree protection fencing/measures prior to commencement of
any works onsite (including any clearing).
b. Supervise tree protection within the development site and frontages, prior to, during
and following construction in accordance with AS4970, Protection of trees on
development sites.
c. Oversee approved tree removal in proximity to retained trees.
*(Refer to Advisory Note)
Fauna Management
9. A qualified person* must be engaged to manage fauna prior and during clearing to:
a. Ensure works are carried out in accordance with the Nature Conservation Act 1992.
b. Undertake pre-clearing inspections including fauna relocation and removal or blocking
of all vacant hollows.
c. Ensure clearing works avoids nesting times of animals and birds.
d. Co-ordinate staging and sequence of clearing with fauna protection.
e. Protect and recover fauna during clearing operations (fauna not previously removed).
f. Manage the translocation of animals and recovery procedures where required in
accordance with relevant legislation.
*(Refer to Advisory Note)
Removal of Existing Trees and Vegetation
10. Vegetation removal, felling and lopping must:
a. Retain old growth tree hollows and suitably relocate and distribute for nesting fauna.
b. Mulch all other wood and leaf material (without root balls, soil or debris and minimising
weed seeds) for re-usable mulch.
c. Have mulch for re-use in landscape or rehabilitation stockpiled and aged for a minimum
of three months.
d. Have mulch stockpiles no larger than 1000m3, 2.5m in height and with 10m separation
between piles.
e. Conclude with the area being stabilised against erosion, landscaped, rehabilitated and
revegetated.
*(Refer to Advisory Note)
11. Removal of existing trees and vegetation must be undertaken by a qualified person* and
must include:
a. Stump grinding to below finished surface level.
b. Rectification to the finished surface levels and materials.
c. No damage to other vegetation for retention.
d. Legal disposal of all removed vegetation and debris.
e. Replacement planting is to be undertaken post-clearing as follows:
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i. replacement at a ratio of 6 replacement trees for each Eucalyptus
racemosa tree removed outside of the building envelope.
ii. Replacement species are to include Eucalyptus racemosa (Scribbly gum)
species, or a suitable alternative koala food tree species approved by Council
iii. Minimum size 140-200mm
iv. Prior to planting submit to Council for endorsement a site plan nominating the
location of the trees to be planted, with a minimum 2-5m separation distance.
Trees are to be allocated within existing cleared areas, outside of the bushfire
asset protection zone and clear of existing and approved infrastructure.
Land Rehabilitation
12. Rehabilitation (replacement planting) works must be supervised, undertaken and certified by
qualified persons*.
*(Refer to Advisory Notes)
13. The rehabilitation (replacement planting) maintenance period must be for 12 months after
installation and provision of certification.
14. The Rehabilitation supervisor or Property owner must:
a. Organise formal inspection with Council’s delegate at the end of the 12-month
maintenance period.
b. Submit to Council (with each inspection request) a brief Rehabilitation Status Report
(written and photographic), documenting:
i. The condition of the replanting area, including photographs.
ii. Detailing works undertaken in the previous year.
iii. Measuring the works against the conditioned Performance Criteria.
15. Rehabilitation works must meet the following Performance Criteria for:
a. Year One – 12 months after installation
i. Planted trees have achieved an average height of 1m.
b. The duration of the establishment and maintenance period:
i. Replacement plantings must be established and maintained in accordance with
this Decision Notice and the Noosa Plan 2020, Planning Scheme Policy 2 (PSP2)
– Landscaping
ii. Weed infestations less than 5% of the rehabilitation (replacement planting area)
areas.
iii. Any failed plants within the previous 12 month period have been replaced.
iv. Healthy and vigorous growth allowed to grow to full form.
v. Mulch layer sufficient to suppress weeds.
FOLLOWING WORKS
Bonds
16. Bonds must:
a. Meet the requirements of the Noosa Council Planning Scheme Policy for performance
bonds (PSP4).
b. Be lodged with Council and accompanied by the Bond Administration Fee/s.
c. Be requested for release by writing to Council, when relevant approval requirements
have been met.
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17. A Performance Bond of $2000 must be submitted to Council following clearing works to
ensure compliance with required rehabilitation replacement planting.
The bond will be refunded less any costs incurred by Council in ensuring compliance with
rehabilitation conditions or any additional inspections incurred for substandard work or work
undertaken not in accordance with this permit.
5. REFERENCE DOCUMENTS
Plan No. Rev. Plan/Document Name Date
25030-DET-02 4 Contour and Detail Survey, prepared by Macro 19 May 2026
Spatial Solutions
6. REFERRAL AGENCIES
Not applicable.
7. ADVISORY NOTES
The following notes are included for guidance and information purposes only and do not form part
of the assessment manager conditions:
ADVISORY NOTES
Prestart, On and Off Maintenance, Rehabilitation Inspections Request
1. Contact Council on 5329 6500 to arrange a prestart meeting or an inspection giving a
minimum of five business days’ notice of preferred inspection time.
Qualified Person
2. Qualified Person, for the purpose of:
a. Undertaking rehabilitation planting and establishment works is considered to be a
person with five years current experience in revegetation and regeneration.
b. Undertaking, supervising tree works and preparing arboriculture certification, is
considered to be a person with a minimum three years current experience in tree
protection, hazard identification/mitigation and Specifying Trees – a guide to
assessment of tree quality (NATSPEC) assessment and either:
i. International Society of Arboriculture (ISA) certification; or
ii. A Diploma of Arboriculture.
c. Managing Fauna protection is considered to be an Ecologist or Environmental Scientist
with a minimum of three years current experience in the field of fauna assessment and
management.
Biosecurity Act 2014 – Fire Ant Control
3. Developers must remain vigilant for the presence of fire ants. Under the Biosecurity Act 2014,
individuals and businesses are responsible for ensuring that they follow the movement
controls for specific organic materials to help prevent the spread of fire ants within South
East Queensland’s fire ant biosecurity zones. Movement of a fire ant carrier from within a fire
ant biosecurity zone may need a biosecurity instrument permit. More information is available
on https://www.fireants.org.au/treat/business-andindustry/movement-controls.
Performance Bond Agreement
4. An applicant for a development application may make an agreement with an assessment
manager, referral agency or other person to establish the responsibilities, or secure the
performance, of a party to the agreement about a development condition.
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8. PROPERTY NOTES
Not applicable.
9. VARIATION APPROVAL DETAILS
Not applicable.
10. FURTHER DEVELOPMENT PERMITS REQUIRED
Not applicable.
11. SUBMISSIONS
Not applicable.
12. RIGHTS OF APPEAL
You are entitled to appeal against this decision. A copy of the relevant appeal provisions from the
Planning Act 2016 is attached.
During the appeal period, you as the applicant may suspend your appeal period and make written
representations to Council about the conditions contained within the development approval. If
Council agrees or agrees in part with the representations, a negotiated decision notice will be
issued. Only one negotiated decision notice may be given.
13. OTHER DETAILS
If you wish to obtain more information about the decision, electronic copies are available online at
www.noosa.qld.gov.au or at Council Offices.
Yours faithfully,
Stacey Clohesy
Senior Environment Officer | Development Assessment
Development & Regulation
Enc: Appeal Rights
Approved Plans/Documents
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Appeal Rights
PLANNING ACT 2016 & PLANNING REGULATION 2017
Chapter 6 Dispute resolution (3) The appellant or, for an appeal to a tribunal, the registrar must,
within the service period, give a copy of the notice of appeal to –
Part 1 Appeal rights
(a) the respondent for the appeal; and
229 Appeals to tribunal or P&E Court
(b) each co-respondent for the appeal; and
(1) Schedule 1 of the Planning Act 2016 states –
(c) for an appeal about a development application under schedule
(a) Matters that may be appealed to –
1, table 1, item 1 – each principal submitter for the
(i) either a tribunal or the P&E Court; or development application; and
(ii) only a tribunal; or (d) for and appeal about a change application under schedule 1,
table 1, item 2 – each principal submitter for the change
(iii) only the P&E Court; and
application; and
(b) The person-
(e) each person who may elect to become a co-respondent for the
(i) who may appeal a matter (the appellant); and appeal, other than an eligible submitter who is not a principal
submitter in an appeal under paragraph (c) or (d); and
(ii) who is a respondent in an appeal of the matter; and
(f) for an appeal to the P&E Court – the chief executive; and
(iii) who is a co-respondent in an appeal of the matter; and
(g) for an appeal to a tribunal under another Act – any other
(iv) who may elect to be a co-respondent in an appeal of the
person who the registrar considers appropriate.
matter.
(4) The service period is –
(2) An appellant may start an appeal within the appeal period.
(a) if a submitter or advice agency started the appeal in the P&E
(3) The appeal period is –
Court – 2 business days after the appeal has started; or
(a) for an appeal by a building advisory agency – 10 business
(b) otherwise – 10 business days after the appeal is started.
days after a decision notice for the decision is given to the
agency; or (5) A notice of appeal given to a person who may elect to be a co-
respondent must state the effect of subsection (6).
(b) for an appeal against a deemed refusal – at any time after the
deemed refusal happens; or (6) A person elects to be a co-respondent by filing a notice of election,
in the approved form, within 10 business days after the notice of
(c) for an appeal against a decision of the Minister, under chapter
appeal is given to the person.
7, part 4, to register premises or to renew the registration of
premises – 20 business days after a notice us published under 231 Other appeals
section 269(3)(a) or (4); or
(1) Subject to this chapter, schedule 1 and the P&E Court Act, unless
(d) for an appeal against an infrastructure charges notice – 20 the Supreme Court decides a decision or other matter under this
business days after the infrastructure charges notice is given Act is affected by jurisdictional error, the decision or matter is non-
to the person; or appealable.
(e) for an appeal about a deemed approval of a development (2) The Judicial Review Act 1991, part 5 applies to the decision or
application for which a decision notice has not been given – matter to the extent it is affected by jurisdictional error.
30 business days after the applicant gives the deemed
(3) A person who, but for subsection (1) could have made an
approval notice to the assessment manager; or
application under the Judicial Review Act 1991 in relation to the
(f) for any other appeal – 20 business days after a notice of the decision or matter, may apply under part 4 of that Act for a
decision for the matter, including an enforcement notice, is statement of reasons in relation to the decision or matter.
given to the person.
(4) In this section –
Note – decision includes-
See the P&E Court Act for the court’s power to extend the appeal
(a) conduct engaged in for the purpose of making a decision; and
period.
(b) other conduct that relates to the making of a decision; and
(4) Each respondent and co-respondent for an appeal may be heard
in the appeal. (c) the making of a decision or failure to make a decision; and
(5) If an appeal is only about a referral agency’s response, the (d) a purported decision; and
assessment manager may apply to the tribunal or P&E Court to
(e) a deemed refusal.
withdraw from the appeal.
non-appealable, for a decision or matter, means the decision or
(6) To remove any doubt. It is declared that an appeal against an
matter-
infrastructure charges notice must not be about-
(a) is final and conclusive; and
(a) the adopted charge itself; or
(b) may not be challenged, appealed against, reviewed, quashed,
(b) for a decision about an offset or refund-
set aside or called into question in any other way under the
(i) the establishment cost of trunk infrastructure identified in Judicial Review Act 1991 or otherwise, whether by the
a LGIP; or Supreme Court, another court, a tribunal or another entity; and
(ii) the cost of infrastructure decided using the method (c) is not subject to any declaratory, injunctive or other order of
included in the local government’s charges resolution. the Supreme Court, another court, a tribunal or another entity
on any ground.
230 Notice of appeal
232 Rules of the P&E Court
(1) An appellant starts an appeal by lodging, with the registrar of the
tribunal or P&E Court, a notice of appeal that- (1) A person who is appealing to the P&E Court must comply with the
rules of the court that apply to the appeal.
(a) is in the approved form; and
(b) succinctly states the grounds of the appeal. (2) However, the P&E Court may hear and decide an appeal even if
the person has not complied with the rules of the P&E Court
(2) The notice of appeal must be accompanied by the required fee.
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